TIPS TO AVOID DENIAL OF YOUR CALIFORNIA REAL ESTATE LICENSE APPLICATION
WHAT DO I NOW?
A Brief Overview
Of The Administrative Disciplinary Process
Of The Administrative Disciplinary Process
How Does the "DRE" (now the Bureau of Real Estate or "BRE") License Discipline Work In California
| I | How Does the "DRE" (now the Bureau of Real Estate or "BRE") License Discipline Work In California | VII | License Discipline and Public Records | |
| II | Real Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary Action | VIII | Preparing For the Hearing | |
| III | Steps In A Formal License Discipline/Denial Case | IX | Appearing For the Hearing | |
| IV | Discipline | X | Decisions | |
| V | Official Notices During a Pending DRE Action | XI | Retaining An Attorney | |
| VI | Stipulated Settlement | |||
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I. How Does the "DRE" (now the Bureau of Real Estate or "BRE") License Discipline Work in California?
In California, Department of Real Estate ("DRE") license discipline or license application matters are decided by a formal hearing process under the Administrative Procedure Act (also known as the "APA"). The APA provides for basic due process by way of written notices and a hearing, if demanded by the real estate licensee or one denied a real estate license, before an Administrative Law Judge at the Office of Administrative Hearings ("OAH"). The Office of Administrative Hearings is not part of the DRE. An administrative hearing at OAH is in fact a trial in a court room where there is an Administrative Law Judge, a court reporter, an attorney representing the DRE and during which both the DRE and you can call witnesses and put documents into evidence.
A formal administrative disciplinary hearing is unlike other types of trials in that the Real Estate Commissioner makes the final decision on the case, not the judge who hears it. Even if the Administrative Law Judge finds in a real estate licensee's/potential real estate licensee's favor, the DRE can reject or modify the decision of the Administrative Law Judge.
Since the DRE has such broad powers, many licensing matters are best resolved by negotiated settlement. Very serious cases, where the DRE seeks revocation/denial of a license, usually go all the way through to the formal OAH hearing. The DRE also sometimes prefers to have an Administrative Law Judge hear the case and make a Proposed Decision, so that all the facts of a case are heard before the Real Estate Commissioner makes his final decision. Although this may sound confusing, the fact that the DRE may not wish to settle a case, does not mean that the ultimate outcome will not be what you would want, ultimately preservation or issue of your license in some form.